✦ Rajasthan High Court · 31 May 2012

FOR RAJASTHAN BENCH AT JAIPUR. S.B. CIVIL MISC.APPEAL NO.3589/2008. National Insurance Co.Ltd v. Rajesh Kumar @ Raju Bhai Date of Order :- May 31 2012 & Ors.

MOHAMMAD RAFIQ

Case at a glance

Outcome

Dismissed

The appeal is dismissed

Judgment

Operative part

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Miss Raj Sharma for the appellant. BY THE COURT:- ****** This appeal has been preferred by the appellant insurance company challenging the award dated 11/10/2007 passed by Motor Accident Claims Tribunal, Ramganj Mandi, Kota awarding compensation of Rs.2,65,000/- for the death of Kumari Heta aged 16-17 years in an accident, which took place on 20/7/2005 involving the vehicle insured with the appellant insurance company. The only contention raised by the learned counsel for the appellant insurance company in assailing the quantum of compensation is that the compensation is towards the higher side. It is strange, the insurance company has approached this Court challenging award of compensation of Rs.2,65,000/-, which cannot at all be said to be towards the higher side in a death 2 CMA No.3589/08. claim. This court has allowed a bunch of 22 appeals arising out of accidental death cases of the children by a common detailed judgment dated 2/11/2011 passed in a leading case of Smt. Nana Devi & Ors. VS. Gurumel Singh & Ors. (SBCMA NO.870/2001 & 21 other appeals) and enhanced the compensation awarded by different Tribunals under all heads cumulatively to Rs.1,50,000/- wherein child died in accident between the age group of 0-5 years, Rs.2,00,000/- wherein child died in accident between the age group of more than 5 years and below 10 years and Rs.2,50,000/- wherein child died in accident between the age group of more than 6 years and below 10 years relying on the judgments of Supreme Court in Lata Wadhwa Vs. State of Bihar : (2001) 8 SCC 197 and R.K. Malik and Another Vs. Kiran Pal and Others : (2009) 14 SCC 1. The insurance company should therefore refrained itself from filing appeal against award of such amount of compensation in a death claim case. I do not find any error in the impugned award. The appeal is dismissed. (MOHAMMAD RAFIQ), J. Anil/28 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed ANIL KUMAR GOYAL Sr.P.A. Cum JW

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The appeal is dismissed

Which court decided this case, and when?

Rajasthan High Court, on 31 May 2012. The bench was MOHAMMAD RAFIQ.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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